Acco 20233 Income Tax Chapter 5
Acco 20233 Income Tax Chapter 5
Acco 20233 Income Tax Chapter 5
I. Overview
This chapter discusses the features of final income taxation, the items of
gross income, and the class of taxpayers subject to final income tax. Final tax is one
of the exemptions to the scope of the regular income tax. An excellent understanding
of the items of passive income and those taxpayers subject to final tax including their
final tax rates is extremely crucial in mastering income taxation.
V. Course Materials:.
Read:
Chapter 5: Final Income Taxation, Income Taxation (Laws, Principles and
Applications) by Rex B. Banggawan, pp. 135-154
Discussion:
Passive Income
Item in passive income are earned with very minimal involvement from the
taxpayer and are generally irregular in timing and amount
Unlike items of active income, they are not usually specifically monitored by
taxpayers
When not recorded by the taxpayer, their existence can be difficult to predict
while their actual amount may be difficult to determine.
Final withholding at source is the most favored scheme in taxing items of passive
income.
Recipient
Source of Interest Income Individuals Corporations
Short - term deposits 20% 20%
Long - term deposits/ investment certificates Exempt 20%
Short-term deposits are those made for a period of less than five years
Long – term deposits or investment certificates refer to certificate of time deposit
or investment in the form of savings, common or individual trust fund, deposit
substitutes, investment management accounts and other investments with a
maturity of not less than five years, the form of which shall be prescribed by the BSP
and issued by banks only to individuals in denomination of P10,000 and other
denominations as may be prescribed by the BSP (RMC 18-2011)
Illustration:
A taxpayer earned the following interest income from the various deposits
Required: Compute the final tax if the taxpayer is an individual and if a corporation
Solution:
Individual Taxpayer:
6-month time deposit (8,000 x 20%) 1,600.00
2-year time deposit (12,000 x 20%) 2,400.00
5-year time deposit (40,000 x 0%) -
Final Withholding Tax 4,000.00
Illustration 2
A resident taxpayer received a P16,000 interest income from a bank. Determine
the final tax withheld at source:
Illustration 3
Banko Negro incurs the following interest in its savings and time deposit
accounts from the following depositors:
Depositors Amount
Resident individuals 600,000.00
Resident and domestic corporations 800,000.00
Non-resident alien not engaged in business 200,000.00
Non-resident corporations 100,000.00
Total Accrued Interest Expense 1,700,000.00
Required: Compute the total income tax to be withhed by Banko Negro
Solution:
Illustration 1
On January 1, 2016, Alice invested P1,000,000 in Baguio Bank’s 5-year time
deposit. The deposit pays 10% interest annually. Alice pre-terminated the deposit
on July 1, 2019.
The net proceeds of the deposit and accrued interest to be released to the
depositor upon pre-termination shall be:
Savings or Time Deposits with Cooperatives are not Subject to Final Tax
The final tax is limited to banks and shall not be applied with time and savings
account deposit maintained by members with cooperatives and by primary
cooperatives with their federations
Deposit Substitutes
It means an alternative form of obtaining funds from at least 20 persons at any
one time other than deposits through the issuance, endorsement or acceptance
of debt instruments for the borrowers own account for the purpose of relending or
purchasing of receivables and other obligations or financing their own needs or
the needs of their agent or dealer.
Note:
1. The resident taxpayers include resident citizens, resident aliens, domestic
corporations and resident foreign corporations
2. Non- residents taxpayers include non-resident citizens, non-resident aliens and
non-resident foreign corporations
3. It should be emphasized that NRA-NETB and NFRCs are also exempt
4. There is no long-term or short-term classification of foreign currency deposits
Illustration:
Mr. Siman is an OFW. He deposits all his savings in a savings account under the
foreign currency deposit unit (FCDU) of a domestic bank. During the month, the
savings deposit account earned $1,000 interest equivalent to P41,500
Scenario1: Mr. Siman deposited his savings through the account of his resident
wife.
Scenario 2: Mr. Siman deposited his savings through a joint account with his
resident wife
Scenario 3: Mr. Siman deposited his savings account through his own account
In this case, the interest income shall be exempt from final income.
DIVIDENDS
It means any distribution made by a corporation to its shareholders out of its earnings or
profits and payable to its shareholders, whether in money or in other property
Types of Dividends:
1. Cash dividends – paid in cash
2. Property dividends – paid in non-cash properties including stocks or securities of
another corporation
3. Scrip dividends – those paid in notes or evidence of indebtedness of the
corporation
4. Stock dividends – paid in the stocks of the corporation
As a rule, dividends are income subject to tax. However, the following are not income
for taxation purposes:
1. Stock Dividends
o Stock dividends representing transfer of surplus to capital account shall
not be subject to tax.
o Stock dividends in the form of increase in corporate value which should
be properly taxable when realized through disposal or sale of the stocks
investments.
o The distribution of stocks of another corporation as dividends is taxable
property dividend and not a stock dividend.
2. Liquidating Dividend
o Under the NIRC, the receipt of liquidating dividends is not viewed as
income but as exchange of properties
o When the liquidating dividends exceed the cost of the investment, the
excess is a taxable capital gain, subject to regular income tax.
o Any loss is deductible only to the extent of capital gain.
Recipient
Source of Dividends Individuals Corporations
Domestic Corporation 10% of final tax Exempt
Foreign
Prepared by: CAMO, Corporation
Christian Regular Tax
Larry De Las Alas – Instructor Regular Tax9 of 3
Page
POLYTECHNIC UNITVERISTY OF THE PHILIPPINES
MULANAY, QUEZON BRANCH
STA. ROSA, MULANAY, QUEON
Note:
1. A NRA-ETB is subject to a 20% final tax on dividend not to usual 10% but an
NRA-NETB is subject to a 25% final tax
2. A NRFC is not exempt but is subject to the 30% general final tax rate.
Illustrative 1:
Calbayog Company declared a total of P 2,000,000 dividends. P 800,000 is due
to corporate shareholders while P 1,200,000 is due to individual shareholders.
Illustrative 2
Aborian Company declared a total of P 1,000,000 dividends in March 2014.
Analysis of the recipient shareholders is as follows:
Shareholders Amount
Resident aliens and citizens 500,000.00
NRAs engaged in trade or business 100,000.00
NRAs not engaged in trade or business 50,000.00
Non-resident corporations 100,000.00
Total Dividends 750,000.00
Illustration
The partnership profit distribution of partners Andy and Mar based on their
agreed profit distribution scheme is as follows:
Andy Mar
Salaries to industrial partner 40,000.00 -
Interest to capital partner 12,000.00
Bonus to industrial partner 25,000.00
Residual profit sharing 8,000.00 24,000.00
Profit 73,000.00 36,000.00
Assuming the salaries, interest and bonus are not expense in the book, the 10%
final tax shall be:
ROYALTIES
Passive royalty income received from sources within the Philippines is subject to the
following final tax rates:
Recipient
Source of Passive Royalties Individuals Corporations
Books, literary works and musical compositions 10% final tax 20% final tax
Other sources 20% final tax 20% final tax
Note:
1. Under the regulations, the 10% preferential royalty final tax on books and literary
works pertain to printed literature. Royalties on books sold on e-copies or CDs such
as e-books are subject to the 20% final tax
2. Royalties on cinematographic films and similar works paid to NRA-ETB, NRA-NETB
or NRFC is subject to final tax of 25%.
PRIZES
The taxation on prizes varies. Prizes may be exempt from income tax subject to either
final tax or regular income tax
Exempt prizes include:
1. Prizes received by a recipient without any effort on his part to join a contest.
Examples include prizes such awards as Nobel Prize, Most Outstanding Citizen,
Most Benevolent Citizen of the year and similar awards.
2. Prizes from sports competition that are sanctioned by their respective national sports
organization
Requisite of exemption should be:
1. The recipient was selected without any action on his part to enter the context
2. The recipient is not required to render substantial future services as a condition to
receiving the prize or reward.
Taxable Prizes
o For individual income taxpayers, taxable prizes are subject to either final tax or
regular tax depending on the amount of the prize
o There may be events or competitions where corporations earn prized.
o However, there is no final tax imposition on corporate prizes under the NIRC,
hence, the same must be subject to regular income tax.
Recipient
Amount of Taxable Prize Individuals Corporations
Prizes exceeding P10,000.00 20% final tax Regular tax
Prizes not exceeding P10,000.00 Regular tax Regular tax
o Final taxation does not apply to foreign passive income, hence, prizes from
foreign sources are subject to the regular income tax.
WINNINGS
For individual income taxpayers, winnings received from sources within the Philippines
are generally subject to 20% final tax, except Philippine Charity Sweeptakes Office
(PCSO) or lotto winnings amounting to P10,000 less
Similar to prizes, there is no final tax imposed on corporate winnings under the NIRC.
Winning that are not subjected to final tax by the payor should be reported as part of the
regular income.
Winnings from foreign sources are subject to regular income tax.
Prepared by: CAMO, Christian Larry De Las Alas – Instructor Page 13 of
3
POLYTECHNIC UNITVERISTY OF THE PHILIPPINES
MULANAY, QUEZON BRANCH
STA. ROSA, MULANAY, QUEON
Recipient
Types of Winnings Individuals Corporations
PCSO/lotto winnings not exceeding P10,000 Exempt Exempt
PCSO/lotto winnings exceeding P10,000 20% final tax 20% final tax
Other winnings, in general 20% final tax Regular tax
Note: PCSO or lotto winnings of NRA-NETB and NRFCs, regardless of amount,
are respectively subject to 25% and 30% final tax.
Illustration1
Apolinario won P10,000 first place in the singing contest sponsored by Syd
Company during their company anniversary celebration
Since the result of singing contest is based on effort rather than chance, the
P10,000 payment is a prize which is not subject to 20% final tax since it is below
the P10,000 threshold. Apolinario shall report the prize in his regular income tax
return. If the amount exceeded P10,000, Syd Company shall withhold 20% final
tax.
Illustration 2
Roy’s raffle ticket was selected as the second winning ticket in the raffle draw of
ZFT Mall for P10,000 dubbed as 2nd prize
Since raffle draw results is not based on effort but on chance, the P10,000
payment is a winning which is subject to 20% final tax. The same shall be
withheld by ZFT Mall. Note that the P10,000 threshold applies only on prizes, not
winnings.
Illustration 3
Mr. Dante Paya made three bets to the PCSO lotto draws. All tickets won. The
details of the winnings were:
EZ2 – P1,400
6/42 – P10,000 (3-digit winning numbers)
6/45 – P20,000,000 Grand Prize (sole winner)
The 6/42 and EZ2 winnings are exempt since they did not exceed P10,000 in
amount. PCSO shall withhold 20% final tax on the entire P20,000,000 amount of
the winnings.
Illustration:
Ms. Kristen provided information to the BIR leading to the recovery of P12,000,000
unpaid taxes. The cash reward shall be computed as follows:
Bond Investor
Individuals Corporations
Tax on interest income on tax-free corporate Regular income
30% final taxq
covenant bonds tax
Note:
1. The final tax applies to all individuals regardless of classification
2. There is no similar final tax provision for corporate recipients of tax-free
interest, hence, the regular income tax shall apply.
Illustration:
In 2020, Mr. Tih Wong, an NRA-NETB, was hired by Raha Humabon Company
(RHC) a domestic manufacturer, to install his invention in RHCs factory. RHC
pays him royalty and the installation fees. Mr. Wong also agreed to design RHCs
website which he designed and completed abroad. During Mr. Wong’s visit, he
purchased shares of RHMC and subsequently sold them directly to a buyer:
Note:
1. The final tax applies on gross income, whether active or passive. The same
rule applies with NFRC except that the final tax rate is 30%
2. The website development fee is not subject to final tax since the same is
earned abroad
3. Mr. Wong shall file a capital gains tax return for the gain on the sale of
domestic stocks.
Illustration:
AN NRFC is due to receive a dividend of P1,000,000 from a domestic
corporation. The final tax to be imposed by the Philippines which shall be
withheld by the domestic corporation shall be 15% not 30%, if the country of
30% general final tax rate. If the country of NRFC does not reduce its tax on the
dividend by at least 15%, the Philippines shall impose the 30% final tax.